· 3/22/2007
United States v. Real Property Located at 3234 Washington Avenue North, Minneapolis, Minnesota, Minnesota Church of Angels, Claimant-Appellant
Citations
- 480 F.3d 841
- 2007 U.S. App. LEXIS 6601
- 2007 WL 846641
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding summary judgment should be denied if non-moving party’s evidence materially undermines credibility of critical witness
- stating that “innocent owner defense” is an affirmative defense
- to withstand summary judgment, the credibility of a material interested witness must be undermined by material evidence
- government could rely on evidence of on-going drug activity at property to support substantial connection between property and the offense
- on summary judgment for forfeiture, a standard more stringent than preponderance of evidence applies to the moving party
- at summary judgment stage, if government meets its burden of proof, it will prevail unless claimant introduces evidence materially refuting government’s case or supporting his case of affirmative defense
Source: CourtListener parenthetical corpus (CC0).
Judges: Loken, Lay, Melloy
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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